SUMMARY

(a) simplify the process of applying for an exemption that would allow certain activities to take place at a supervised consumption site, as well as the process of applying for subsequent exemptions;

(b) prohibit the importation of designated devices — unless the importation is registered with the Minister of Health — as well as prescribed activities in relation to designated devices;

(c) expand the offence of possession, production, sale or importation of anything knowing that it will be used to produce or traffic in methamphetamine so that it applies to anything that is intended to be used to produce or traffic in any controlled substance;

(d) authorize the Minister to temporarily add to a schedule to that Act substances that the Minister has reasonable grounds to believe pose a significant risk to public health or safety, in order to control them;

(e) authorize the Minister to require a person who may conduct activities in relation to controlled substances, precursors or designated devices to provide the Minister with information or to take certain measures in respect of such activities;

Preamble

Whereas Parliament recognizes that the objectives of the Controlled Drugs and Substances Act (“the Act”) are the protection of public health and the maintenance of public safety;

Whereas the Act protects public health by providing mechanisms to regulate or otherwise authorize activities in relation to controlled substances and the precursors that are used to make them in order to allow access for legitimate medical, scientific or industrial purposes;

Whereas harm reduction is an important component of a comprehensive, compassionate and evidence-based drug policy that complements prevention, treatment and enforcement measures;

Whereas the Act maintains public safety by restricting activities in relation to controlled substances and precursors, including possession, trafficking, importing, exporting and production, and by establishing associated criminal offences and penalties;

And whereas the illicit market for controlled substances and precursors is evolving and serious public health and safety concerns have emerged since the Act was enacted;

Now, therefore, Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows :

(6) Subsection 2(1) of the Act is amended by adding the following in alphabetical order :

chemical offence-related property

chemical offence-related property means offence-related property that is a chemical or precursor and includes anything that contains such property or has such property on it; (bien infractionnel chimique)

Marginal note:2012, c. 1, s. 39(2)

Marginal note:Interpretation

(5) For the purposes of applying subsection (3) in respect of an offence under subsection (1), a reference to a substance included in Schedule I, II, III, IV or V includes a reference to any substance represented or held out to be a substance included in that Schedule.

4(1) The portion of paragraph 6(3)(b) of the Act before subparagraph (i) is replaced by the following :

(b) if the subject matter of the offence is a substance included in Schedule III, V or VI,

(2) The portion of paragraph 6(3)(c) of the Act before subparagraph (i) is replaced by the following :

(c) if the subject matter of the offence is a substance included in Schedule IV,

Marginal note:Production of substance

7(1) Except as authorized under the regulations, no person shall produce a substance included in Schedule I, II, III, IV or V.

Marginal note:2012, c. 1, s. 41(1)

(2) The portion of paragraph 7(2)(a.1) of the English version of the Act before subparagraph (i) is replaced by the following :

(a.1) if the subject matter of the offence is a substance included in Schedule II, other than cannabis (marihuana), is guilty of an indictable offence and liable to imprisonment for life, and to a minimum punishment of imprisonment

Marginal note:2012, c. 1, s. 41(1)

(3) The portion of paragraph 7(2)(b) of the English version of the Act before subparagraph (i) is replaced by the following :

(b) if the subject matter of the offence is cannabis (marihuana), is guilty of an indictable offence and liable to imprisonment for a term of not more than 14 years, and to a minimum punishment of

(4) The portion of paragraph 7(2)(c) of the Act before subparagraph (i) is replaced by the following :

(c) if the subject matter of the offence is a substance included in Schedule III or V,